Question-------------------------Mr. Carranza, All I know is that I never had any problems with my engine before the theft. The car has always been kept in tip-top condition and well maintained. Visually the engine looked fine when it was recovered. The body shop told me they could not start the engine untill they repaired the steering column and also got the seat back from the upholsterer. Once this was done they took it for a ride. Next and in his words "started to make a NOISE (however he couldn't describe the sound, then it just went dead." I don't know exactly about the milage, because the theives had ran battery completely down and the steering column was ripped out so we had no way to check (it is digital and only comes on with the key in). When I asked the shop what the theives could have done to it, he said, "probably just out joy-riding." I am mentally exhausted from this whole ordeal that I don't know what to do. I did sign an authorization to repair. I thought I could trust a large dealership. Now I don't know what to think. I told my insurance company I wanted to keep my car, their response was that I had BETTER NOT touch it. It seems that no one is on our side. Why would we agree for them to total it and take a loss still owing the finance company, when we could just replace the engine? They won't even give us an ACV amount, the adjuster said we have to sign a release first. I know that she is wrong about that. I do appreciate your advise and timely response. If you can think of any thing else please, please let me know.
Followup To
Question -
Maybe I did not make myself clear but this was my question to you. "Should not the WHOLE car have been checked out at the same time?" To clarify, Dodge has had my car 1 month. Appraiser/adjuster approved claim which stated all physical damage and check out mechanically. Dodge called me 2 wks ago and said insurance approved repair. I received a check for $4700 made out to me and the shop. Dodge made all the repairs to the physical damage before checking out the engine. They took it for a drive,(their way of checking it out mechanically). That is when the engine locked. Dodge called me and said he sent this to my adjuster as a supplemental which they denied and are going to total my car. Who is negligent? The adjuster for approving body damage repair before the engine was checked out? Or the shop for driving it instead of checking out on a machine? It all seems suspicious.....
Followup To
Question -
I live in FL have a 99 Dodge Intrepid (78,000 mi but in very good condition). It was stolen and recovered on the same day. Had it towed to Dodge dealer. Physical damage was done to the rear end, rip in seat, etc.(cosmetics) Of course steering column was ripped out and battery dead. Made list of all physical damage with body man at Dodge, also listed check for mechanical damage. Insurance approved "everything". This is the quote from shop. Insurance wrote check for $4700. Then when shop test drives for mechanical damage, engine goes. Now State Farm wants to total (needs new engine). Can they do this after approving to cover damages? Can I keep the car? What are my options? Adjuster said I can only keep the car if I drop the claim and repay them for $4700 already paid. Why wasn't a check done on the engine prior to cosmetic repairs? Why should I be held liable for an error it seems on their part? Adjuster tells me I have to release car to them before they will even offer a dollar amount for settlement. I know they are trying to be intimidating, but I know I have rights, just want to know who is at fault here. Plan on calling a lawyer tomorrow, but any opinion will be appreciated.
Answer -
Your diatribe is difficult to follow and more difficult to comprehend.
First of all IF the vehicle is a total loss you should be entitled to at least $4,700 (earlier repair number) if not more as they would not have offered/paid that earlier number if it was above the Actual Cash Value (ACV) ("book value" of the vehicle.
You've either unintentionally left out some information that I need OR else you don't understand what is being told to you OR you are not conveying ir correctly/clearly.
Why wasn't the engine checked out during the initial evaluation/appriasal process... that is something that BOTH the body/repair shop and your company's appraiser should have though of and done.
Exactly what is wrong with the engine and when did that occur (before or after it got to the body shop)?
I THINK what your company is saying is that if you want to claim the engine damage that you need to go back to "square one" and start the damage process all over again...
As I see it you can return the check or the payment and start the process all over again OR you can instruct your insurance company to simply deduct what has been paid from the new total (should be higher) and simply pay you the difference/balance.
You need to keep in mind that you will NOT get a new engine under any circumstance. Remember that your dead engine had 78K miles on it... best you can hope for is a comparable USED engine or a NEW engine that has its cost adjusted for usage/depreciation.
If the vehicle is in fact a Total Loss then you should have the OPTION of retaining the vehicle (what's left is called salvage) and that would mean that you agree to pay the salvage value of the vehicle as determined by your company. That salvage number/value would be subtracted from any additional/future payment and you would get the difference and keep the salvage.
If the vehicle is in fact a Total Loss your company will want you to release the vehicle to them so it can be taken to a salvage facility so that any storage charges that may be accruing can cease.
If you feel that you company is jerking your chain get your insurnace agent involved and have them earn their commission.
If you don't get any satisfaction contact your State Insurance Dept and speak to someone in Consumer Affairs/Complaint and ask them to assist you.
Most states have what are called Fair Claim Practices Acts.. ask the Insurnace Dept for a copy of the Act as it will outline your rights, your company's responsibilities, etc...
Hope and trust that I have covered all the issues and answered your questions and provided some direction.
Feel free to get back to me with any further questions/needs relative to this matter.
Please take the time to rate this response in the various catagories.
Thanks
Answer -
Iam assuming that the body shop was one YOU chose....
I will further assume that you signed an Authorization To Repair for the shop.
At times a repairer is unable to get an accurate handle on the Total Damage(s) and resulting cost to repair until the car can run or is strippped down (in the case of frame damage). We often see Supplemental appriasals.. especially when the car is heavily damaged.
You need to keep in mind that the body shop was YOUR representative with the insurance company and what they did or didn't do in between them and you and NOT the insurance company's fault.
You need to tell me what happened with the engine.. what caused it to seize.... was it properly lubricated? Did it have any external sign(s) of damage? What prevented (if anything) the body shop from starting the engine to see if it would at least turn over and what it sounded like?
Have you even had any problems with the engine or had any engine repairs done?
How many miles from put on the car duing the time it was stolen/out of your possession? Reason I ask is that it is highly unusual to have an engine damaged in such a short period of time....
IF you have any BEEF about the engine damage it would more than likely be with the body shop....
Ask them some direct questions about what happened and why and see what they have to say.... Let them know that you are not a "happy camper" and that you MAY well look to them to step up to the plate on the engine damage.
Get all the parties talking in the same room and see what can be done to address and more importantly deal with the issue(s).
Get back to me with any further issues.
Please take the time to rate this response as well as the earlier response.
Thanks
AnswerDON'T SIGN ANYTHING for now regardless of what your company tells you... tell them that you are going to the State Insurance Dept with this matter and that you are reviewing your state's Fair Claim Parctices Act and further that you are considering getting an attorney to represnet your interests in this matter... that should get their attention and perhaps make them more amenable to working with you.
On the potential insurance to loan pay-out amount short-fall I would suggest that you check with your lender and see whether you have GAP coverage/insurance. Some lenders require this and you actually pay the small monthly premium charge (it's included in your monthly car payment). The purpose of GAP insurance is to provide coverage and bridge any shortfall between what is owed the lender and what the car's net (after deductible) Actual Cash Value (ACV)/"book value" is...
If I have an problem(s) here it is with the repair shop for taking the car on the road when in retrospect they shouldn't have. You need to have someone (probably not the present repair shop) possibly tear down the engine to see what failed and what caused the failure... if the car didn't have proper lubrication or had some foreign matter in the oil it could and should be argued that the repair shop shouls have checked that out before road testing the vehicle...
I hate to say this BUT you may well need the services of an attorney to get this all worked out... the problem is that an attorney isn't going to handle this thing for free and their fee which come out of what you get thereby reducing your net... do you have any attorneys in your family or who are friends and can assist you?
If you have an agent get them involved... make them earn their commission...
REMEMBER that you have protected rights... don't let the insurance company and/or body shop pressure you into anything.
Hope and trust that the above provides further answers and direction..
Again, please take the time to rate this response in the various catagories.
Thanks and Good Luck..
